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Justinian I · The Digest of Justinian §34.9.26.pr

Devolution of an Unlawful Legacy upon Prior Death of Legatee

Passage 5331 of 9271 · Latin

Summary

This section records a note by Claudius stating that if the recipient of an unlawful legacy dies during the testator's lifetime, the legacy is not confiscated by the treasury but remains with the person charged with it.

[Apud SCAEUOLAM libro trigesimo digestorum. ] §34.9.26.prCLAUDIUS notat: Si uiuo testatore decesserit is, cui illicite legatum relictum erat, non fisco hoc uindicatur, sed apud eum a quo relictum est remanet.
[In SCAEVOLA, Book Thirty of the Digests.] CLAUDIUS notes: If, during the lifetime of the testator, the person to whom a legacy was unlawfully left should die, this is not claimed for the imperial treasury, but remains with the person by whom it was left.

Notes

  1. §34.9.26.pruiuo testatore — An ablative absolute construction consisting of an adjective and a noun without the participle of the verb "to be", meaning "while the testator is/was alive."
  2. §34.9.26.prfisco — Dative of benefit or destination. Used with the verb `uindicare` ("to claim") to mean "is claimed for the treasury" (i.e., confiscated by the state).
  3. §34.9.26.pra quo relictum est — A relative clause. Literally "by whom it (the legacy) was left." Since a legacy (legatum) in Roman law was charged upon a specific person (usually the heir), this refers to the person who was under the obligation to pay the legacy.

Cite this passage

Justinian I, The Digest of Justinian §34.9.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.26.pr

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